Gender mainstreaming and the framing of women's rights in Europe: The contribution of the Council of Europe

Drawing on published materials from the Committee of Ministers, Assembly and expert working groups of the Council of Europe, this paper investigates the distinctive contribution made to the framing of women's rights over the last two decades by this regional organisation, which recent studies of the `Europeanisation' of public policies have largely neglected. Elements of congruence are identified between the major mobilising themes of second wave feminism and the Council's emphasis on protecting individual rights, and its sensitivity to the incompleteness and shortcomings of `actually existing' democratic institutions and practices. The relative openness of its agenda-setting processes is also underlined. The Council's flag ship policies for women are shown to have centred since the mid-1980s on a `politics of presence' frame and the (contested) concept of `parity democracy', and the tensions between these and the more recent turn to gender mainstreaming are explored. But the paper also points to the Council's role in diffusing into the E.U. governance arena women's claims to equal participation and presence in the policy process, and notes recent French and U.K. legislation as testifying to the continuing salience of these claims at the national level. This revised version was published online in July 2006 with corrections to the Cover Date.     

Gender, familism and housing: matrimonial property rights in Ireland

This article explores the gender structure of housing rights, and specifically matrimonial property law, in the Republic of Ireland as a basis for examining the means by which women gain access to and control over economic resources, or capital. Taking the Family Home Protection Act (1976) and the ill-fated Matrimonial Home Bill (1993) as examples of legislation to strengthen women's matrimonial property rights, it is argued that these have been formulated using gendered, familist, categories of reform. The State's attempts to strengthen women's entitlements have been mediated by its constitutional commitment to maintain a preference for the marital family as well as its failure to recognise the economic value of women's unpaid domestic work. This article argues that in this context, the Irish State's strategy of gender equality, which is based on the equitable treatment of different household types, is divisive, ineffective. and inequitable.     

Gender and land rights in Murang'a district,Kenya

Conceptualising rights to land in a framework of legal pluralism, this article explores the historical nature of struggles over land by women and men in a situation of increasing land scarcity. It is argued that the manipulation of customary law and state law is instrumental in increasing gender and, more generally, social differentiation.     

Parity,Power and Representative Politics: The Elusive Pursuit of Gender Equality in Europe

In recent years the concept of parity democracy has rapidly risen up the European political agenda. Using a threefold typology of sex-quotas, this article undertakes a classification of the measures taken by the 15 old E.U. member states to improve the gender balance in representative assemblies. This is then used as the basis for an exploration of the advantages and disadvantages of the parity approach as a tool to promote gender equality, including the constitutional obstacles which stand in its way. The article goes on to present a comparative study of several national systems in which attempts to achieve parity democracy have been pursued, concluding that, in order to maximise their effectiveness, parity measures must operate within a system of unbiased political structures and be properly adjusted to suit the particularities of individual national electoral regimes.     

disowning dependence: single women's collective struggle for independence and land rights in northwestern India

In April 2008 over 2,600 single women marched for three days to Shimla, the state capital of the northwestern Indian state of Himachal Pradesh, to demand rights to land, health care and ration cards for single women. The march was organized by a new social movement called Ekal Nari Shakti Sangathan, comprising divorced, abandoned, never-married women, widows and wives fleeing domestic violence who are demanding rights from the state in their own names (rather than as wives, daughters or mothers); in so doing they are directly challenging the construct of the ‘dependent woman’ naturalized in pre-colonial, colonial and post-colonial discourses. The most radical of the demands of this new social movement is the struggle for land rights and the creation of new women-centred family formations. Through an analysis of their collective demands, I argue that the normative, dependent woman is mutually constituted not only at the intersections of gender, kinship and heterosexuality, but also spatially, through denial of rights to land. As single women disown their dependence upon husbands/fathers/brothers and demand land rights, they simultaneously re-imagine gendered selves by envisioning new marital families and re-working the division of labour.     

Bridging cross-cultural feminisms: annie besant and women's rights in England and India, 1874-1933

Abstract

Annie Besant was a Victorian radical whose outspoken views included advocacy of women's rights and opposition to British imperial policies. In her mid-forties she went to live in India. Contesting British attempts to Westernize Indian society, Besant found herself in the seemingly anomalous position of defending traditional Indian patriarchy and resisting efforts to reform the status of Indian women. Such conservatism brought on Besant criticism not only from Western liberals and Christian missionaries, but also from many Indian social reformers. When she gradually shifted her views and voiced her support for Indian women's rights, Indian nationalists condemned her as a British imperialist. The conflict between loyalty to national heritage and opposition to traditional patriarchy is one that colonized women have commonly experienced. By examining how an anti-imperialist British feminist responded to the question of women's reform in India, this paper offers another perspective on the complexities of this dilemma.     

The European Union and gender mainstreaming: Constitutionally embedded or comprehensively marginalised?

This paper examines the extent to which gender mainstreaming is constitutionally embedded in the legal framework of the European Union. Within the framework of that broad question it examines three sub-questions concerning the robustness and constitutionalised nature of the E.U.'s `equality regime', the extent of adaptation to mainstreaming methodologies by supranational institutions such as the Court of Justice, and the extent of the gender dimension in the debates which are shaping the future of the European Union, especially the 2002–3Convention on the Future of the Union and the Commission's Governance White Paper of 2001.The E.U. is analysed in this article as an emergent, non-state, postnational constitutionalised polity. The first section presents this perspective, and the succeeding three sections engage with the three` sub-questions' outlined above. The conclusion suggests that as yet, while gender concerns maybe constitutionally embedded in the Treatyframe work, they are less prominent in the constitutional politics of the Convention and the Governance White Paper. This revised version was published online in July 2006 with corrections to the Cover Date.     

The European Union and gender mainstreaming: Constitutionally embedded or comprehensively marginalised?

This paper examines the extent to which gender mainstreaming is constitutionally embedded in the legal framework of the European Union. Within the framework of that broad question it examines three sub-questions concerning the robustness and constitutionalised nature of the E.U.'s `equality regime', the extent of adaptation to mainstreaming methodologies by supranational institutions such as the Court of Justice, and the extent of the gender dimension in the debates which are shaping the future of the European Union, especially the 2002–3Convention on the Future of the Union and the Commission's Governance White Paper of 2001.The E.U. is analysed in this article as an emergent, non-state, postnational constitutionalised polity. The first section presents this perspective, and the succeeding three sections engage with the three` sub-questions' outlined above. The conclusion suggests that as yet, while gender concerns maybe constitutionally embedded in the Treatyframe work, they are less prominent in the constitutional politics of the Convention and the Governance White Paper.     

American anti-feminist women: Comparing the rhetoric of opponents of the equal rights amendment with that of opponents of women's suffrage

This paper examines the rhetoric of American women opponents of the Suffrage Amendment 1890 to 1919 and of the Equal Rights Amendment 1970 to 1984. Basic to the rhetoric of those opponents is a belief that men and women are so different from each other that they must be treated differently under the law.